Tribal removed in Odisha

1. GOVERNMENT OF INDIA
MINISTRY OF TRIBAL AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO- 5216
TO BE ANSWERED ON- 04/04/2022
TRIBAL REMOVED IN ODISHA
5216. MS. CHANDRANI MURMU:
Will the Minister of TRIBAL AFFAIRS be pleased to state:
(a) the number of tribal settlement that have been removed to pave way for mining;
(b) whether the Government made any assessment of the area of tribal land acquired for mining in the last
twenty years in the country and particularly in Odisha and the people displaced;
(c) the details of the percentage of tribal land taken away for mining in Odisha;
(d) whether the Government has been able to resettle the displaced population adequately; and
(e) the details of resettlement policy of tribal population and the monitoring mechanism thereof?
ANSWER
MINISTER OF STATE FOR TRIBAL AFFAIRS
(SHRI BISHWESWAR TUDU)
(a) to (d): As per the information provided by Ministry of Mines, the State Governments are the owners of
the minerals located within their respective boundaries and mineral concessions are granted by the State
Governments as per the provisions of the Mines and Minerals (Development and Regulation) (MMDR) Act,
1957. Therefore, information regarding tribal settlement that have been removed to pave way for mining is
not maintained by the Central Government. Department of Land Resources (DoLR) has also informed that it
does not centrally maintain the statistics relating to land acquisition and resettlement by various State
Governments and Central Ministries including due to mining in tribal areas.
As per the information provided by the Government of Odisha, the details of tribal families displaced for
mining in the last 10 years is given as under.
Sl. No. Name of the
District
Name of the Project No. of ST family
displaced in last 10 years
1 Jharsuguda Mahanadi Coalfields Limited, IB
Valley Area
123
Mahanadi Coalfields Limited,
Lakhanpur Area
406
2. Angul Balaram 93
Kaniha 35

2. Ananta 4
Bharatpur 10
Bhubaneswari 37
3. Sundergarh Dulunga Coal Mining project of
NTPC
173
Manoharpur Coal Mining Project of
OPCL
183
Government of Odisha has also informed that they have resettled the displaced population as per Orissa R &
R Policy, 2006. The details of assistance provided to displaced families as per Orissa R & R Policy, 2006 is
as at Annexure-I.
(e): Regarding resettlement policy of tribal population and the monitoring mechanism,following inputs have
been received from DoLR and Ministry of Mines.
(i). DoLR: Land acquisition is undertaken by the Central and State Governments under various Central and
State Acts, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement (RFCTLARR) Act. The provisions of the RFCTLARR Act, 2013 are implemented by
'appropriate Government' as defined under Section 3 C of the said Act. The purpose of the RFCTLARR Act,
2013 is to ensure, in consultation with institutions of local self-government and Gram Sabhas established
under the Constitution; a humane, participative, informed and transparent process for land acquisition with
the least disturbance to the owners of the land and the other affected families and provide just and fair
compensation to the affected families whose land has been acquired or proposed to be acquired.
The relevant provisions of the RFCTLARR Act, 2013 which provide for monitoring mechanism are
enumerated below:
A). Under Section 48 of the RFCTLARR Act, 2013, a National Level Monitoring Committee for
Rehabilitation and Resettlement has been constituted in the DoLR for reviewing and monitoring the
implementation of rehabilitation and resettlement schemes.
B). Section 50of the RFCTLARR Act, 2013 provides for establishment of State Monitoring Committee for
rehabilitation and resettlement for reviewing and monitoringthe implementation of rehabilitation and
resettlement schemes or plans under this Act.
C). By way of safeguards against displacement special provisions have been made for Scheduled Castes and
Scheduled Tribes under Sections 41 and 42 of the RFCTLARR Act, 2013 which protect their interests. The
RFCTLARR Act, 2013 also lays down procedure and manner of rehabilitation and resettlement.
(ii). Ministry of MInes: As per clause (1) of Rule 12(1) Minerals (Other than Atomic and Hydro Carbons
Energy Minerals) (MOAHCEM) Concession Rules, 2016, one of the conditions subject to which a mining
lease is granted is that the lessee shall, in the matter of employment, give preference to the tribals and to the
persons who become displaced because of the taking up of mining operations.

3. B). Rule 52 of MOAHCEM Concession Rules, 2016 requires payment of an annual compensation to owner
of surface rights for undertaking mining operations and Rule 53 of MOAHCEM Concession Rules, 2016
requires assessment of damage, if any, done to the land by the reconnaissance or prospecting or mining
operations and shall determine the amount of compensation payable by the permit holder or licensee or the
lessee as the case may be, to the occupier of the surface land. The provisions of MOAHCEM Concession
Rules, 2016, including the provisions relating to compensation and rehabilitation, Ministry of Mines have
informed, are monitored for compliance by the State Governments who grant the mining lease and therefore,
details of the percentage of tribal land taken away for mining is maintained by respective State Governments.
C) The para 6.12(c) (Welfare of Tribal Communities) of National Mineral Policy, 2019 states that grant of
mineral concessions in Scheduled Areas shall be guided by the provisions contained in article 244 read with
Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal
Areas and the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 and the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or any other relevant
statutory acts protecting the interests of tribals. All relevant Acts/Rules related to rehabilitation and
resettlement like the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (RFCTLARR) Act, 2013, subsequent amendments or any other relevant acts/rules shall be
strictly implemented.

4. Annexure-I
Annexure I to reply to Lok Sabha Unstarred Question No. 5216 for answer on 04.04.2022 asked by Ms.
Chandrani Murmu, MP regarding “Tribal Removed in Odisha”.
Each displaced family or affected family have been provided with the following R & R benefits as
per Orissa R & R Policy, 2006:-
i. Employment:-Displaced Families or affected families (losing all agriculture land) are
eligible; or One Time Cash Assistance in lieu of Employment up to Rs. 9,10,000/-.
ii. Provision for Homestead Land:- Each displaced family has been given at least 1/10th
of an
acre of land free of cost in a settlement habitat or One Time Cash Grant of Rs. 91,000/- in lieu
of homestead land other than resettlement habitat.
iii. House Building Assistance:-A constructed house for each of the displaced families in the
resettlement habitat or One time Assistance of Rs. 2,73,000/- to each of the displaced families.
iv. Maintenance Allowance:- An allowance of Rs. 3,640/ per Month per displaced family is
being provided on vacation as determined by the Collector concerned.
v. Assistance for Temporary Shed:- An assistance of Rs. 18,200/- has been provided to each
displaced family.
vi. Transportation Allowance:- Transportation Allowance of Rs.3,640/- or free transportation to
the resettlement habitat or their new place of inhabitancy has been provided to each displaced
family.
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